My employer is in bankruptcy – what happens to my health insurance?

20 Apr My employer is in bankruptcy – what happens to my health insurance?

If your employer if in chapter 11 or bankruptcy liquidation under chapter 7,  you could lose your health insurance.  What can you do to protect yourself?

  • Get the summary plan description and find out what health insurance benefits you had under the plan.
  • Find out if COBRA continuation coverage be offered to terminated employees
  • Find out how outstanding health claims be paid if coverage is to terminate
  • Find out when will certificates of creditable coverage (showing, among other things, the dates of enrollment in your employer’s health plan) be issued
  • You are entitled to 60 days’ notice of termination of a health insurance plan
  • You have a special 30 day window to enroll in your spouse’s plan, if any

Help is available at the Employee Benefit Security Administration hot line 1-866-444-EBSA (3272).

Bankruptcy lawyers can help you too.  Your claims for employee benefits are entitled to priority under the Bankruptcy Code.  We’ll help you file a proof of claim so that you get your proper share of the bankruptcy estate.  We’ll assert every priority claim to which you are entitled so that you can push to the front of the line of creditors.

These are challenging times.  Bankruptcy lawyers can help you even if the problems are caused by your employer.

Lakelaw helps people solve bankruptcy problems in Illinois and Wisconsin.

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Jay S. Fleischman is a bankruptcy lawyer with offices in Los Angeles and New York. He can often be found on Google+ and Twitter, where he shares information about consumer protection issues and personal finance.
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